PART II - LEGAL AID IN SCOTLAND|
CLAUSE 25 - REGULATIONS ABOUT FINANCIAL LIMITS IN
55. Clause 25 inserts new subsections
9(2)(dd) & (de) into the Legal Aid (Scotland) Act 1986,
providing the Secretary of State with the power to make regulations,
prescribing those proceedings for which assistance by way of representation
(ABWOR) shall be available without reference to the financial
eligibility or contributions tests. The financial eligibility
and contributions tests are set out at sections 8 and 11(2) of
the 1986 Act, respectively. The purpose of these changes is to
correct an anomaly whereby mental health proceedings in England
and Wales are exempt from the financial eligibility and contributions
tests in relation to ABWOR, but cannot be so exempted in Scotland.
56. It is considered that the most appropriate
way to achieve this is to provide the Secretary of State with
a regulation-making power, as other proceedings may need to be
similarly exempted from the two tests from time to time. A general
power to make regulations will give the Secretary of State flexibility
to do this when he considers it appropriate. The power will be
subject to affirmative resolution procedure as is the case with
the other regulation-making powers which the Secretary of State
has in relation to ABWOR under section 9 of the 1986 Act.
57. Clause 26 contains no delegated powers.